Make Your Business Cook! Programs
Your execution of these Terms & Conditions will become a binding Agreement between us when you provide your credit or debit card information for payment. The payment processing date will be the “Effective Date”.
This Agreement (the “Agreement”), by and between Holly Powers-Verbeck, a California company, with a principal place of business at 10556 Iris Road, Truckee, CA 96161 (hereinafter known as the “Company” or “we/us”) and You, (hereinafter known as “Client” or “You”).
WHEREAS, Company is the creator, founder, and owner of MakeYourBusinessCook! Programs, which provides online and face-to-face mentoring services in the field of business education, as well as training products and additional consulting services to enhance the overall business mentoring experience (collectively and hereinafter known as the “Program”).
WHEREAS, Client desires to participate in the Program, which includes, but is not limited to training calls and call conferencing, virtual and live educational retreat(s), telephone coaching calls, Q&A group calls, and interaction on social media channels as outlined in the specific program’s description. If the Company approves your Application and accepts your agreement to participate as a Program participant, then this Agreement automatically becomes a binding contract between You and the Company.
NOW, THEREFORE, the parties agree as follows: Client agrees to: Comply with the specific Program’s payment commitment and authorizes the Company to charge that amount(s) to the Client’s credit card(s). Client further agrees to be bound by the payment obligation (the “Commitment Period”), as indicated and further agrees to abide by the Program as provided in the Program Description. You understand that the Program payment(s) and Program in its entirety is non-cancelable and that no refunds or returns of any kind will be made by the Company. By completing and providing your credit card information, either in writing or verbally, and/or by signing an Application, Client hereby acknowledges that Client has read, understands, and agrees to be bound by the terms and conditions stated herein.
Authorization of Payment. By completing an Application and/or providing credit card information You authorize the Company to charge your credit card as payment for or membership in the Program, if the Company approves your application and accepts You into the Program. Furthermore, You agree that if You are accepted into the Program You are responsible for full payment of fees for the entire Program for the period you have requested, (the “Commitment Period”), regardless of whether You actually attend or complete the Program, and regardless of whether You have selected to pay via a lump sum or payment plan. You agree that, if, for any reason, You choose to remove or cancel yourself out of the Program prior to the end date of the Commitment Period, You are obligated to pay or continue paying any outstanding balance(s) for the entire Commitment Period. To further clarify, no refunds will be issued and all membership or installment payments must be paid on a timely basis.
- We respect your privacy and must insist that You respect the privacy of fellow Program participants. You agree not to violate the publicity or privacy rights of any Program participants and to keep confidential and proprietary information of Program participants.
- All information, oral or written material, method of presentation and coaching, business methods, policies, procedures provided to You by MakeYourBusinessCook! & any additional modules included in the Program but not identified in this Agreement are the proprietary and sole intellectual property of Holly Powers-Verbeck and shall be kept in strict confidence by You and it shall not to be shared or distributed to parties outside the Program membership. You further agree that during the term of the Agreement, and at all times thereafter You shall not disclose, communicate or use for the benefit of any person or company regarding such confidential information. Any violation of your obligations in this regard will be grounds for dismissal from the Program and the Company taking appropriate legal action thereupon.
- The Company utilizes electronic communication. Please be advised that any information communicated by or to You, to or by the Company via electronic means may be able to be intercepted by third parties. As such you agree to waive any legal action against the Company and hold the Company harmless for any such interception.
Termination for Unprofessionalism. We are committed to providing all Program participants a productive experience. Company has sole discretion to terminate this agreement and limit, suspend, or remove any Client from continuing in the Program at any time without a refund if the Client ceases to follow the Program guidelines, becomes disruptive or difficult to work with or if Client impairs the participation of Program coaches or clients in the Program. You agree that if you miss any scheduled coaching calls You lose that call and cannot reschedule it. Client also understands that any/all coaching calls, retreat days or other benefits expire at the end of the Commitment Period, and will not be carried over. It is important to note that your benefits MUST be used during the Commitment Period.
Financial Responsibility. Company has made every effort to accurately represent the program and its potential benefits. Results can and do vary. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including but not limited to, his or her background, dedication, starting point in their business, desire and motivation. below You also acknowledge that You have represented to the Company that payment of your Program membership fees will not place a significant financial burden on You or your family. The Company is deeply committed to providing you with advice and coaching that will contribute to positive personal and professional results. However, results vary person to person. Accordingly, the Company shall have no liability for any loss incurred by You, whether financial or otherwise, in any way related to your coaching, or for any perceived failure by You, whether justified or otherwise, to achieve a material improvement in quality of life or business or to achieve your desired outcomes or goals. You agree to indemnify the individual Holly Powers-Verbeck and the Company and hold them harmless from any claims, demands, causes of action or litigation that may arise or be incurred by reason of the services performed by the Company.
Disclaimer. The Program instructors are not qualified to provide legal, tax, accounting or financial advice, and the information provided to You by the Program instructors is not intended as such. You should refer all legal, tax, accounting and financially related inquires to appropriately qualified professionals.
Governing Law. This Agreement and performance hereunder shall be governed by the laws of the State of California. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in Nevada County, California. An award of arbitration may be confirmed in a court of competent jurisdiction.
Force Majeure. Except for an obligation to pay fees, neither party shall be liable for failure to perform any of its obligations under this Agreement during any period in which such party cannot perform due to matters beyond their control, including, but not limited to, strike, fire, flood, or other natural disaster, war embargo, or riot, provided that the party so delayed immediately notifies the other party of such delay. The terms of this Clause shall not exempt, but merely suspend, any Party from its duty to perform the obligations under this Agreement, until as soon as practicable after a force majeure condition ceases to exist.
Notices. All notices, requests, demands, claims, and other communications hereunder will be in writing. Any notice, request, demand, claim, or other communication hereunder shall be deemed duly given if (and then two business days after) it is sent by registered or certified mail or internationally recognized overnight courier, return receipt requested, postage prepaid, and addressed to the intended recipient, You to the address you provide us, the Company to our business address set forth herein. Any Party may send any notice, request, demand, claim, or other communication hereunder to the intended recipient at the address set forth above using any other means (including personal delivery, expedited courier, messenger service, telecopy, ordinary mail, or electronic mail), but no such notice, request, demand, claim, or other communication shall be deemed to have been duly given unless and until it actually is received by the intended recipient. Any Party may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by giving the other Parties notice in the manner set forth above.
Arbitration. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction. The prevailing party in an arbitration or any court proceeding shall be entitled to reasonable costs and attorney fees.
Waiver. The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
Assignment. You agree that the Agreement and the Program are not assignable by You.
Severability. If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statue or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
Entire Agreement and Amendment. This Agreement constitutes the entire agreement and understanding between the parties and supersede any prior agreement or understanding whether oral or written relating to the subject matter hereof. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of the Agreement.
Disclaimer – All reference to “business school” or “tuition” or like or similar words, expressions, or terms are marketing descriptions only and do not imply that we are a school or university or accredited with any agency as a school or education provider.